82_FR_44639 82 FR 44456 - Notice of Inventory Completion: Alabama Department of Transportation, Montgomery, AL

82 FR 44456 - Notice of Inventory Completion: Alabama Department of Transportation, Montgomery, AL

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 82, Issue 183 (September 22, 2017)

Page Range44456-44457
FR Document2017-20302

The Alabama Department of Transportation has completed an inventory of human remains in consultation with the appropriate Indian tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present day Indian tribes or Native Hawaiian organizations. Representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Alabama Department of Transportation. If no additional requestors come forward, transfer of control of the human remains to the Indian tribes or Native Hawaiian organizations stated in this notice may proceed.

Federal Register, Volume 82 Issue 183 (Friday, September 22, 2017)
[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44456-44457]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20302]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-NAGPRA-NPS0023948; PPWOCRADN0-PCU00RP14.R50000]


Notice of Inventory Completion: Alabama Department of 
Transportation, Montgomery, AL

AGENCY: National Park Service, Interior.

ACTION: Notice.

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SUMMARY: The Alabama Department of Transportation has completed an 
inventory of human remains in consultation with the appropriate Indian 
tribes or Native Hawaiian organizations, and has determined that there 
is no cultural affiliation between the human remains and any present 
day Indian tribes or Native Hawaiian organizations. Representatives of 
any Indian tribe or Native Hawaiian organization not identified in this 
notice that wish to request transfer of control of these human remains 
should submit a written request to the Alabama Department of 
Transportation. If no additional requestors come forward, transfer of 
control of the human remains to the Indian tribes or Native Hawaiian 
organizations stated in this notice may proceed.

DATES: Representatives of any Indian tribe or Native Hawaiian 
organization not identified in this notice that wish to request 
transfer of control of these human remains should submit a written 
request with information in support of the request to the Alabama 
Department of Transportation at the address in this notice by October 
23, 2017.

ADDRESSES: William B. Turner, Alabama Department of Transportation, 
1409 Coliseum Boulevard, Montgomery, AL 36110, telephone (334) 242-
6144, email turnerw@dot.state.al.us.

SUPPLEMENTARY INFORMATION: Notice is here given in accordance with the 
Native American Graves Protection and Repatriation Act (NAGPRA), 25 
U.S.C. 3003, of the completion of an inventory of human remains under 
the control of the Alabama Department of Transportation, Montgomery, 
AL. The human remains were removed from the Whitesburg Bridge Site 
(1Ma10), Madison County, AL.
    This notice is published as part of the National Park Service's 
administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 
43 CFR 10.11(d). The determinations in this notice are the sole 
responsibility of the museum, institution, or Federal agency that has 
control of the Native American human remains. The National Park Service 
is not responsible for the determinations in this notice.

Consultation

    A detailed assessment of the human remains was made by the 
Tennessee Valley Authority and Alabama Department of Transportation 
staff professionals in consultation with representatives of the 
Cherokee Nation, Eastern Band of Cherokee Indians, The Chickasaw 
Nation, The Muscogee (Creek) Nation, and United Keetoowah Band of 
Cherokee Indians in Oklahoma.

History and Description of the Remains

    In April of 2012, human remains representing, at minimum, one 
individual were removed from the Whitesburg Bridge site (1Ma10) in 
Madison County, AL. On April 23, 2012, Tennessee Valley Authority (TVA) 
ARPA Investigations received a call from the Huntsville Police 
Department regarding illegal digging of a gravesite on the river bank 
at the Whitesburg Bridge in Huntsville, AL. Huntsville Police collected 
a portion of the human remains that were exposed in the river bank. The 
human remains were transferred to Alabama Department of Forensic 
Sciences (DFS) for identification. On April 25, 2012, TVA archeologists 
examined the site to assess the damage and determine if the location 
was on State or Federal land. After discussions between TVA and the 
Alabama Department of Transportation (ALDoT), it was decided that, 
because of evidence of active illegal digging at the site, TVA would 
excavate the rest of the human remains. The remaining human remains 
were excavated on April 26, 2012, by TVA archeologists and the site was 
covered with vegetation. A portion of the burial remained within the 
intact shell midden. Discoloration of some of the bone recovered on the 
river bank suggests that a portion of the burial had eroded out of the 
shoreline and was exposed to sun. A TVA Police Investigator collected 
the remaining human remains from DFS. TVA archeologist/osteologist 
Michaelyn

[[Page 44457]]

Harle analyzed the human remains and determined that the skeletal 
morphology is consistent with prehistoric Native American and not 
considered forensic in nature. Subsequent survey by Alabama Department 
of Transportation surveyors established that the human remains were 
barely inside ALDoT right-of-way. Consequently, on July 10, 2012, ALDoT 
took possession of the human remains from TVA.

Determinations Made by the Alabama Department of Transportation

    Officials of the Alabama Department of Transportation have 
determined that:
     Pursuant to 25 U.S.C. 3001(9), the human remains described 
in this notice are Native American based on a recorded archeological 
site, visual osteomorphological structure of the long bones, and the 
significant occlusal wear on the dentition.
     Pursuant to 25 U.S.C. 3001(2), a relationship of shared 
group identity cannot be reasonably traced between the Native American 
human remains and any present-day Indian tribe.
     According to final judgments of the Indian Claims 
Commission or the Court of Federal Claims, the land from which the 
Native American human remains were removed is the aboriginal land of 
the Cherokee Nation, Eastern Band of Cherokee Indians, The Chickasaw 
Nation, The Muscogee (Creek) Nation, and United Keetoowah Band of 
Cherokee Indians in Oklahoma.
     Pursuant to 43 CFR 10.11(c)(1), the disposition of the 
human remains may be to the Cherokee Nation, Eastern Band of Cherokee 
Indians, The Chickasaw Nation, The Muscogee (Creek) Nation, and United 
Keetoowah Band of Cherokee Indians in Oklahoma.

Additional Requestors and Disposition

    Representatives of any Indian tribe or Native Hawaiian organization 
not identified in this notice that wish to request transfer of control 
of these human remains should submit a written request with information 
in support of the request to William B. Turner, Alabama Department of 
Transportation, 1409 Coliseum Boulevard, Montgomery, AL 36110, 
telephone (334) 242-6144, email turnerw@dot.state.al.us, by October 23, 
2017. After that date, if no additional requestors have come forward, 
transfer of control of the human remains to the Cherokee Nation, 
Eastern Band of Cherokee Indians, The Chickasaw Nation, The Muscogee 
(Creek) Nation, and United Keetoowah Band of Cherokee Indians in 
Oklahoma may proceed.
    The Alabama Department of Transportation is responsible for 
notifying the Cherokee Nation, Eastern Band of Cherokee Indians, The 
Chickasaw Nation, The Muscogee (Creek) Nation, and United Keetoowah 
Band of Cherokee Indians in Oklahoma that this notice has been 
published.

    Dated: August 3, 2017.
Melanie O'Brien,
Manager, National NAGPRA Program.
[FR Doc. 2017-20302 Filed 9-21-17; 8:45 am]
 BILLING CODE 4312-52-P



     44456                       Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices

     athapascan) or Upland Takelma/                          Oregon (previously listed as the                      of human remains under the control of
     Latgawa or Shasta peoples, based on                     Confederated Tribes of the Siletz                     the Alabama Department of
     artifacts and the site location.                        Reservation); Confederated Tribes of the              Transportation, Montgomery, AL. The
        A relationship of shared group                       Grand Ronde Community of Oregon;                      human remains were removed from the
     identity can be reasonably traced                       and Quartz Valley Indian Community of                 Whitesburg Bridge Site (1Ma10),
     between this identifiable earlier group                 the Quartz Valley Reservation of                      Madison County, AL.
     of people and the Confederated Tribes                   California that this notice has been                    This notice is published as part of the
     of Siletz Indians of Oregon (previously                 published.                                            National Park Service’s administrative
     listed as the Confederated Tribes of the                                                                      responsibilities under NAGPRA, 25
                                                               Dated: August 14, 2017.
     Siletz Reservation) and the                                                                                   U.S.C. 3003(d)(3) and 43 CFR 10.11(d).
                                                             Sarah Glass,
     Confederated Tribes of the Grand Ronde                                                                        The determinations in this notice are
     Community of Oregon. In addition,                       Acting Manager, National NAGPRA Program.              the sole responsibility of the museum,
     according to final judgments of the                     [FR Doc. 2017–20293 Filed 9–21–17; 8:45 am]           institution, or Federal agency that has
     Indian Claims Commission, the land                      BILLING CODE 4312–52–P                                control of the Native American human
     from which the human remains were                                                                             remains. The National Park Service is
     removed is within the aboriginally                                                                            not responsible for the determinations
     occupied lands of the Confederated                      DEPARTMENT OF THE INTERIOR                            in this notice.
     Tribes of Siletz Indians of Oregon                                                                            Consultation
                                                             National Park Service
     (previously listed as the Confederated
     Tribes of the Siletz Reservation) and the               [NPS–WASO–NAGPRA–NPS0023948;                            A detailed assessment of the human
     Confederated Tribes of the Grand Ronde                  PPWOCRADN0–PCU00RP14.R50000]                          remains was made by the Tennessee
     Community of Oregon.                                                                                          Valley Authority and Alabama
                                                             Notice of Inventory Completion:                       Department of Transportation staff
     Determinations Made by the USDA,                        Alabama Department of                                 professionals in consultation with
     Forest Service, Rouge River-Siskiyou                    Transportation, Montgomery, AL                        representatives of the Cherokee Nation,
     National Forest                                                                                               Eastern Band of Cherokee Indians, The
                                                             AGENCY:   National Park Service, Interior.
        Officials of the Rogue River-Siskiyou                                                                      Chickasaw Nation, The Muscogee
                                                             ACTION:   Notice.                                     (Creek) Nation, and United Keetoowah
     National Forest have determined that:
        • Pursuant to 25 U.S.C. 3001(9), the                 SUMMARY:   The Alabama Department of                  Band of Cherokee Indians in Oklahoma.
     human remains described in this notice                  Transportation has completed an                       History and Description of the Remains
     represent the physical remains of three                 inventory of human remains in
     individuals of Native American                                                                                   In April of 2012, human remains
                                                             consultation with the appropriate
     ancestry.                                                                                                     representing, at minimum, one
                                                             Indian tribes or Native Hawaiian
        • Pursuant to 25 U.S.C. 3001(2), there               organizations, and has determined that
                                                                                                                   individual were removed from the
     is a relationship of shared group                                                                             Whitesburg Bridge site (1Ma10) in
                                                             there is no cultural affiliation between              Madison County, AL. On April 23, 2012,
     identity that can be reasonably traced                  the human remains and any present day
     between the Native American human                                                                             Tennessee Valley Authority (TVA)
                                                             Indian tribes or Native Hawaiian                      ARPA Investigations received a call
     remains and the Confederated Tribes of                  organizations. Representatives of any
     Siletz Indians of Oregon (previously                                                                          from the Huntsville Police Department
                                                             Indian tribe or Native Hawaiian                       regarding illegal digging of a gravesite
     listed as the Confederated Tribes of the                organization not identified in this notice
     Siletz Reservation) and Confederated                                                                          on the river bank at the Whitesburg
                                                             that wish to request transfer of control              Bridge in Huntsville, AL. Huntsville
     Tribes of the Grand Ronde Community                     of these human remains should submit
     of Oregon.                                                                                                    Police collected a portion of the human
                                                             a written request to the Alabama                      remains that were exposed in the river
     Additional Requestors and Disposition                   Department of Transportation. If no                   bank. The human remains were
                                                             additional requestors come forward,                   transferred to Alabama Department of
        Lineal descendants or representatives
                                                             transfer of control of the human remains              Forensic Sciences (DFS) for
     of any Indian Tribe or Native Hawaiian
                                                             to the Indian tribes or Native Hawaiian               identification. On April 25, 2012, TVA
     organization not identified in this notice
                                                             organizations stated in this notice may               archeologists examined the site to assess
     that wish to request transfer of control
                                                             proceed.                                              the damage and determine if the
     of these human remains should submit
     a written request with information in                   DATES: Representatives of any Indian                  location was on State or Federal land.
     support of the request to Robert                        tribe or Native Hawaiian organization                 After discussions between TVA and the
     MacWhorter, Forest Supervisor, Rogue                    not identified in this notice that wish to            Alabama Department of Transportation
     River-Siskiyou National Forest, 3040                    request transfer of control of these                  (ALDoT), it was decided that, because of
     Biddle Road, Medford, OR 97501,                         human remains should submit a written                 evidence of active illegal digging at the
     telephone (541) 618–2030, email                         request with information in support of                site, TVA would excavate the rest of the
     rmacwhorter@fs.fed.us, by October 23,                   the request to the Alabama Department                 human remains. The remaining human
     2017. After that date, if no additional                 of Transportation at the address in this              remains were excavated on April 26,
     requestors have come forward, transfer                  notice by October 23, 2017.                           2012, by TVA archeologists and the site
     of control of the human remains to the                  ADDRESSES: William B. Turner, Alabama                 was covered with vegetation. A portion
     Confederated Tribes of Siletz Indians of                Department of Transportation, 1409                    of the burial remained within the intact
     Oregon (previously listed as the                        Coliseum Boulevard, Montgomery, AL                    shell midden. Discoloration of some of
     Confederated Tribes of the Siletz                       36110, telephone (334) 242–6144, email                the bone recovered on the river bank
     Reservation) and Confederated Tribes of                 turnerw@dot.state.al.us.                              suggests that a portion of the burial had
     the Grand Ronde Community of Oregon                     SUPPLEMENTARY INFORMATION: Notice is                  eroded out of the shoreline and was
     may proceed.                                            here given in accordance with the                     exposed to sun. A TVA Police
        The Rogue River-Siskiyou National                    Native American Graves Protection and                 Investigator collected the remaining
     Forest is responsible for notifying the                 Repatriation Act (NAGPRA), 25 U.S.C.                  human remains from DFS. TVA
     Confederated Tribes of Siletz Indians of                3003, of the completion of an inventory               archeologist/osteologist Michaelyn


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                                 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices                                         44457

     Harle analyzed the human remains and                    notifying the Cherokee Nation, Eastern                The human remains were removed from
     determined that the skeletal morphology                 Band of Cherokee Indians, The                         Alamosa County, CO.
     is consistent with prehistoric Native                   Chickasaw Nation, The Muscogee                          This notice is published as part of the
     American and not considered forensic                    (Creek) Nation, and United Keetoowah                  National Park Service’s administrative
     in nature. Subsequent survey by                         Band of Cherokee Indians in Oklahoma                  responsibilities under NAGPRA, 25
     Alabama Department of Transportation                    that this notice has been published.                  U.S.C. 3003(d)(3) and 43 CFR 10.11(d).
     surveyors established that the human                     Dated: August 3, 2017.
                                                                                                                   The determinations in this notice are
     remains were barely inside ALDoT                                                                              the sole responsibility of the museum,
                                                             Melanie O’Brien,
     right-of-way. Consequently, on July 10,                                                                       institution, or Federal agency that has
                                                             Manager, National NAGPRA Program.                     control of the Native American human
     2012, ALDoT took possession of the
                                                             [FR Doc. 2017–20302 Filed 9–21–17; 8:45 am]           remains. The National Park Service is
     human remains from TVA.
                                                             BILLING CODE 4312–52–P                                not responsible for the determinations
     Determinations Made by the Alabama                                                                            in this notice.
     Department of Transportation
                                                             DEPARTMENT OF THE INTERIOR                            Consultation
       Officials of the Alabama Department
     of Transportation have determined that:                                                                          A detailed assessment of the human
       • Pursuant to 25 U.S.C. 3001(9), the                  National Park Service                                 remains was made by the Luther Bean
     human remains described in this notice                                                                        Museum professional staff in
     are Native American based on a                          [NPS–WASO–NAGPRA–NPS0023845;                          consultation with representatives of the
                                                             PPWOCRADN0–PCU00RP14.R50000]                          Arapahoe Tribe of the Wind River
     recorded archeological site, visual
     osteomorphological structure of the long                                                                      Reservation, Wyoming; Cheyenne and
                                                             Notice of Inventory Completion: Luther
     bones, and the significant occlusal wear                                                                      Arapaho Tribes, Oklahoma (previously
                                                             Bean Museum, Adams State
     on the dentition.                                                                                             listed as the Cheyenne-Arapaho Tribes
                                                             University, Alamosa, CO
       • Pursuant to 25 U.S.C. 3001(2), a                                                                          of Oklahoma); Comanche Nation,
     relationship of shared group identity                   AGENCY:   National Park Service, Interior.            Oklahoma; Jicarilla Apache Nation, New
     cannot be reasonably traced between the                 ACTION:   Notice.                                     Mexico; Kewa Pueblo, New Mexico
     Native American human remains and                                                                             (previously listed as the Pueblo of Santo
     any present-day Indian tribe.                           SUMMARY:    The Luther Bean Museum has                Domingo); Kiowa Indian Tribe of
       • According to final judgments of the                 completed an inventory of human                       Oklahoma; Navajo Nation, Arizona,
     Indian Claims Commission or the Court                   remains, in consultation with the                     New Mexico & Utah; Northern
     of Federal Claims, the land from which                  appropriate Indian tribes or Native                   Cheyenne Tribe of the Northern
     the Native American human remains                       Hawaiian organizations, and has                       Cheyenne Indian Reservation, Montana;
     were removed is the aboriginal land of                  determined that there is no cultural                  Ohkay Owingeh, New Mexico
     the Cherokee Nation, Eastern Band of                    affiliation between the human remains                 (previously listed as the Pueblo of San
     Cherokee Indians, The Chickasaw                         and any present-day Indian tribes or                  Juan); Pueblo of Acoma, New Mexico;
     Nation, The Muscogee (Creek) Nation,                    Native Hawaiian organizations.                        Pueblo of Cochiti, New Mexico; Pueblo
     and United Keetoowah Band of                            Representatives of any Indian tribe or                of Isleta, New Mexico; Pueblo of Jemez,
     Cherokee Indians in Oklahoma.                           Native Hawaiian organization not                      New Mexico; Pueblo of Laguna, New
       • Pursuant to 43 CFR 10.11(c)(1), the                 identified in this notice that wish to                Mexico; Pueblo of Picuris, New Mexico;
     disposition of the human remains may                    request transfer of control of these                  Pueblo of Pojoaque, New Mexico;
     be to the Cherokee Nation, Eastern Band                 human remains should submit a written                 Pueblo of San Ildefonso, New Mexico;
     of Cherokee Indians, The Chickasaw                      request to the Luther Bean Museum. If                 Pueblo of Sandia, New Mexico; Pueblo
     Nation, The Muscogee (Creek) Nation,                    no additional requestors come forward,                of Santa Ana, New Mexico; Pueblo of
     and United Keetoowah Band of                            transfer of control of the human remains              Santa Clara, New Mexico; Pueblo of
     Cherokee Indians in Oklahoma.                           to the Indian tribes or Native Hawaiian               Taos, New Mexico; Pueblo of Zia, New
                                                             organizations stated in this notice may               Mexico; San Juan Southern Paiute Tribe
     Additional Requestors and Disposition                                                                         of Arizona; Southern Ute Indian Tribe of
                                                             proceed.
       Representatives of any Indian tribe or                                                                      the Southern Ute Reservation, Colorado;
                                                             DATES: Representatives of any Indian
     Native Hawaiian organization not                                                                              Ute Indian Tribe of the Uintah & Ouray
                                                             tribe or Native Hawaiian organization
     identified in this notice that wish to                                                                        Reservation, Utah; Ute Mountain Ute
                                                             not identified in this notice that wish to
     request transfer of control of these                                                                          Tribe (previously listed as the Ute
                                                             request transfer of control of these
     human remains should submit a written                                                                         Mountain Tribe of the Ute Mountain
                                                             human remains should submit a written
     request with information in support of                                                                        Reservation, Colorado, New Mexico &
                                                             request with information in support of
     the request to William B. Turner,                                                                             Utah); and Zuni Tribe of the Zuni
                                                             the request to the Luther Bean Museum
     Alabama Department of Transportation,                                                                         Reservation, New Mexico.
                                                             at the address in this notice by October
     1409 Coliseum Boulevard, Montgomery,
                                                             23, 2017.                                             History and Description of the Remains
     AL 36110, telephone (334) 242–6144,
     email turnerw@dot.state.al.us, by                       ADDRESSES: Danielle Persinger, Luther                    In 1962, human remains representing,
     October 23, 2017. After that date, if no                Bean Museum, 208 Edgemont                             at minimum, one individual were
     additional requestors have come                         Boulevard, Alamosa, CO 81101,                         removed from a site in Alamosa County,
     forward, transfer of control of the                     telephone (719) 587–7151, email                       CO. The human remains were
     human remains to the Cherokee Nation,                   lutherbean@adams.edu.                                 uncovered in the 1960s when an
     Eastern Band of Cherokee Indians, The                   SUPPLEMENTARY INFORMATION: Notice is                  artificial lake and bathhouse were being
     Chickasaw Nation, The Muscogee                          here given in accordance with the                     developed. The human remains were
     (Creek) Nation, and United Keetoowah                    Native American Graves Protection and                 then excavated by two Adams State
     Band of Cherokee Indians in Oklahoma                    Repatriation Act (NAGPRA), 25 U.S.C.                  University students and brought to the
     may proceed.                                            3003, of the completion of an inventory               Luther Bean Museum where they have
       The Alabama Department of                             of human remains under the control of                 been housed ever since. In 2005, the
     Transportation is responsible for                       the Luther Bean Museum, Alamosa, CO.                  Museum brought in a graduate student


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Document Created: 2017-09-22 01:52:53
Document Modified: 2017-09-22 01:52:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesRepresentatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the Alabama
FR Citation82 FR 44456 

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